High Court Judges (Salaries and Conditions of Service) Act,1954
Act No : 28
Section :
PENSIONS OF JUDGES
THE FIRST SCHEDULE (See sections 14 and 15) PENSIONS OF JUDGES PART I 1. The provisions of this Part apply to a Judge who is not a member of the Indian Civil Service or has not held any other 1*[pensionable post] under the Union or a State and also apply to a Judge who, being a member of the Indian Civil Service or having held any other 1*[pensionable post.] under the Union or a State, has elected to receive the pension payable under this Part. 2*[2. Subject to the other provisions of this Part, the pension payable to a Judge to whom this Part applies and who has Completed not less than seven years of service for person shall be,- (a) for service as Chief Justice in any High Court, Rs. 4,500 per annum for each completed year of service; (b) for service as any other Judge in any High Court, Rs. 3,430 per annum for each completed year of service: Provided that the pension under this paragraph shall in no case exceed Rs. 54,000 per annum in the case of a Chief Justice and As. 48,000 per annum in the case of any other Judge"]. ---------------------------------------------------------------------- 1 Subs. by Act 57 of 1980, s.6 for the words "pensionable civil post" 2 Subs. and omitted by ACt 20 of 1988, s.4 (w.e.f.1-11-1986) --------------------------------------------------------------------- 42B 1*[6. A Judge who has rendered service for pension both as Chief Justice and other Judge in any High Court may claim that any period of service of less than a completed year rendered by him as Chief Justice, or any portion of any such period, shall be treated for the purposes of paragraph 2 as service rendered by him as other Judge"]. 7. For the purposes of this Part, service as an acting Chief Justice of a High Court or as an ad hoc Judge of the Supreme Court, shall be treated as though it were service rendered as Chief Justice of a High Court. 8. Notwithstanding anything contained in the foregoing provisions of this Part, the pension payable to a Judge who has completed 1*["fourteen years of service for pension, including not less than six years of service as Chief Justice of one or more of the High Courts, shall be Rs. 2*[54,000] per annum. 9. Where a Judge to whom this Part applies retires or has retired at any time after the 26th January, 1950 without being eligible for a pension under any other provision of this Part, then, notwithstanding anything contained in the foregoing provisions, a pension of Rs. 1*["15, 750 per annum shall be payable to such a Judge: 2*[Provided that nothing in this paragraph shall apply- (a) to an additional Judge or acting Judge ; or ----------------------------------------------------------------------- 2 Added by Act 46 of 1958, s.10 (w.e.f. 1-11-1956) 1 Subs. by Act 20 of 1988, s.4 (w.e.f. 1-11-1986) ----------------------------------------------------------------------- 42C (b) to a Judge who at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Union or a State.] 2* * * * * * * PART II 1. The provisions of this Part apply to a Judge who is a member of the Indian Civil Service and who has not elected to receive the pension payable under Part I. --------------------------------------------------------------------- 1 Ins. by Act 35 of 1976, s.7 (w.e.f. 1-10-1986) 2 Omitted by ACt 20 of 1988, s.4 (w.e.f. 1-11-1986) --------------------------------------------------------------------- 42D 2. The pension payable to such a Judge shall be- (a) the pension to which he is entitled under the ordinary rules of the Indian Civil Service if he had not been appointed a Judge, his service as a Judge being treated as service therein for the purpose of calculating that pension; and (b) the additional pension, if any, to which he is entitled under paragraph 3; 1*[Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 54,000 per annum in the case of a Chief Justice and Rs. 48,000 per annum in the case of any other Judge. 1*[3. If such a Judge has completed not less than seven years of service for pension in a High Court, he shall be entitled to an additional pension in accordance with the following scale:- Per annum. For seven completed years of service for pension 4*[3,466 For eight completed years of service for pension 4*[4, 160 For nine completed years of service for pension 4*[4,851 For ten completed years of service for pension 4*[5,545 For eleven completed years of service for pension 4*[6,240 For twelve or more completed years of service for 4*[6,933 PART III 1. The provisions of this Part apply to a Judge who has held any 3*[pensionable post] under the Union or a State (but is not a member of the Indian Civil Service) and who has not elected to receive the pension payable under Part I. 2. The pension payable to such a Judge shall be- (a) the pension to which he is entitled under the ordinary rules of his service if he had not been appointed a Judge, his service ---------------------------------------------------------------------- 2 Subs. by Act 46 of 1958 s. 10, for the original paragraph (w.e.f. 1-11-1956). 3 Subs. by Act 57 of 1980, 9. 6. for "civil pensionable 1 Added , Subs. and omitted by Act 20 of 1988, s.4(w.e.f. 1-11- 1986) ---------------------------------------------------------------------- 42E as a Judge being treated as service therein for the purpose of a calculating that pension; and (b)a special additional pension of Rs. 1*[1,600] per annum in respect of each completed year of service for pension but in no case such additional pension together with the additional or special pension, if any, to which he is entitled under the ordinary. rules of his service, shall exceed Rs. 8,000 per annum. 1*["Provided that the pension under clause (a) and the additional pension under clause (b) together shall in no case exceed Rs. 54,000 per annum in the case of a Chief Justice and 48,000 per annum in the case of any other Judge"]. 1* * * * * *
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